Pre litigation mediation, institutional mediation, conciliation proceedings, mediation agreement drafting, enforceability and mediator panel coordination.
Short, direct, on the record.
Under the Mediation Act, 2023 (Sections 4 and 5), parties must attempt pre litigation mediation before filing a suit in certain civil and commercial disputes. Exceptions apply where urgent interim relief is sought, where the subject matter involves sovereign functions, or where the dispute is specifically excluded.
Yes. Under Section 27 of the Mediation Act, 2023, a mediated settlement agreement signed by the parties and authenticated by the mediator is enforceable as if it were a judgment or decree of a court. For international mediation settlements, enforcement depends on the applicable convention and domestic implementation.
Mediation (under the Mediation Act) is facilitative: the mediator assists parties in reaching their own settlement without suggesting terms. Conciliation (under Part III of the Arbitration Act) can be more evaluative: the conciliator may make proposals for settlement. Both produce enforceable outcomes.
India signed the Singapore Convention (United Nations Convention on International Settlement Agreements Resulting from Mediation) on 7 August 2019. As of August 2026, India has not yet ratified the Convention. Once ratified and implemented, it will provide a framework for cross border enforcement of mediated settlement agreements.
Share the dispute context, parties and the resolution objective for a confidential preliminary assessment.